boa_decision_-_22_clark_ave._-_stamped 10.26.2018 � 4j�Nl CITY OF SALEM 1VIAS ACHUSETTS
BOARD OF A -'PJEAL
120 WASHINGTON STREET♦SALLM,tit 'S�CHUSL'Tl'S 01970
KTMRF,RT.F,Y DRTSCOLL TT LL:978-745-9595 ♦ FAx:9j7 -740-9846
MAYOR
October 26, 2018 <
Decision
City of Salem Board of Appeals °°
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A petition of JOHN PANNETON requesting a Special Permit per Sec. 3.2.8 of the Zoning Ordinance to
allow an accessory living area at 22 CLARK AVE. (Map 6,Lot 4) (Ind. Zoning District).
A public hearing on the above petition was opened on October 17, 2018 pursuant to M.G.L Ch. 40A, § 11
and was closed on that date with the following Salem Board of Appeals members present: Mike Duffy
(Chair),Jim Hacker,Patrick Shea,and Paul Viccica.
Statements of fact:
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1. In the petition date-stamped September 19, 2018, the Petition requested a Special Permit per Sec.
3.2.8 Accessory Living Areal , to allow an existing accessory livin area:
2. The petitioner presented the petition.
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3. The property is a legal, non-conforming single-family detached dwelling located in the Industrial
Zoning District.
4. The petitioner is seeking a special permit to allow an existing finished accessory living area within the
home to provide an accessory living area for the petitioner's mother and father.
5. An accessory living area is defined as: A housekeeping unit, with its own sleeping, cooking and
sanitary facilities, located within a single family dwelling that is subordinate in size to the principal
unit, separated from it in a manner which maintains the appearance of the building as a single family
dwelling, and allowed by special permit pursuant to Section 3.2.8 of the Salem Zoning Ordinance.
6. The requested special permit,if granted, would allow the petitioner to maintain the existing unit as an
accessory living area.
7. At the public hearing, no members of the public spoke in favor of the petition and none spoke in
opposition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing,
and after thorough review of the petition, including the applica 'onj narrative and plans, makes the
following findings:
The purpose, procedure and requirements of Section 3.2.8 of the 7nning Ordinance have been fulfilled
and the adverse effects of the proposed use will not outweigh i's beneficial impacts to the City or
neighborhood.
1. There are community needs that are served by the proposal inc uding by providing family members
with a means of companionship, security, dignity, and independent living.
2. There are no traffic flow and safety impacts including parking and loading.
City of Salem Board of Appeals
October 26,2018
Project:22 Clark Ave.
Page 2 of 2
3. Utilities and other public services are adequate.
4. There are no negative impacts to the neighborhood character. j
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5. There are no negative impacts to the natural.environment. �.
6. Potential economic and fiscal impact, including impact on City services, tax base, and employment is
positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (Mike
Duffy [Chair], Jim Hacker, Patrick Shea, and Paul Viccica) in favor and none opposed, to issue a Special
Permit per Sec. 3.2.8 of the Zoning Ordinance to allow an accessory living area subject to the following
terms,conditions and safeguards:
Standard:
1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations.
2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
3. A Certificate of Occupancy is to be obtained.
4. Petitioner is to obtain apprgval from any City Board or Committon having jurisdiction including, but
not limited to the Planning Board.
T
Mike Duffy, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision,if_any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws:Chapter 40A, Section 11, the Vat ance or
Special Permitgranted herein shall not take efect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
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